Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Sunday, March 24, 2019 01:39:47 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Every person is answerable for the truth of his statement

By
09th-Mar-2019       
Comments
Share your thought
Post a comment »
Read all () »

Appellate Division (Civil)  :
Syed Mahmud Hossain   J }
 Hasan Foez Siddique     J  }
 Mirza Hussain Haider    J }
Secretary, Ministry
of Housing and Public Works,
Government of Bangladesh Dhaka
and others…………… Appellants
                VS
Hanif Brothers and another………
Respondents
Judgment  
May 17th, 2017

Constitution of Bangladesh, 1972
Article 102(2)

Neither in the Court of Settlement nor in the High Court Division the writ petitioner stated that earlier he filed settlement case which was dismissed on merit. He was totally silent about his earlier case and the observation made by the Court of Settlement inasmuch as it was his duty to bring it to the notice of the Court. Such silence is fraud upon the Court because it was his duty to brng the truth the notice of the Courts……………………………(9)
Constitution of Bangladesh, 1972
Article 102 (2)

A judgment obtained by playing fraud is a nullity and nonest in the eye of law. The writ petitioner, while obtaining the judgment of the High Court Division, suppressed the material document which amounted to fraud…………………………….(9)
Murad Reza,  Additional Attorney-General, instructed by Zainul Abedin, Advocate-on-Record.
Mohammad Abdul Hai,  Advocate-on-Record-For the Respondent.

Judgment
Hasan Foez Siddique J : This appeal is directed against the judgment and order dated 5-4-2006 passed by the High Court Division in Writ Petition No. 4309 of 2005 directing the writ respondents to exclude the property, in question, from the 'Ka' list of the abandoned properties and to restore possession of the same.
2. The short facts, for the disposal of this appeal, are that Plot No. CES (A)-49, Gulshan, Road No. 96, Gulshan Avenue, Gulshan Model Town, Dhaka (hereinafter referred to as the disputed property) was allotted to writ petitioner M/s Hanif Brothers by  the then Dhaka Improvement Trust by allotment letter No. DI/Gulshan/787 dated 1-9-1960 and accordingly, lease Deed No. 4439 dated 29-4-1964 was executed and registered. While the writ petitioner had been in possession of the property he was dispossessed by some miscreants after the war of liberation. Subsequently, the Government took over the control of the property as abandoned property and it was listed in the 'Ka' list of abandoned buildings published in the official Gazette on 13-9-1986. The writ petitioner on several occasions applied to the writ respondents for getting release and restoration of possession of the property in his favour but without any result. Ultimately, the writ petitioner files Case No. 300 of 1995 (Ka-25 Ghlshan, Dhaka) under section 7 (l) of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 before the First Court of Settlement, Dhaka. The case was contested by the Government, i.e., the writ respondent No. 1. The First Court of Settlement allowed the case by its decision dated 30-11-1997 and ordered for exclusion of the property from the Ka list of Abandoned Buildings and to restore possession of the same to the writ petitioner. But the writ respondents did not comply with the said decision inasmuch as the writ petitioner on 7-7-1998, 16-5-1999, 27-2-2001, 17-7-2003 and 23-3-2005 made representations to exclude the property from the Ka list of Abandoned Buildings and to restore his possession. Thus, the respondent No. l, filing writ petition, obtained Rule.
3. The High Court Division by the impugned judgment and order made the said Rule absolute. Then the appellants have preferred this appeal getting leave.
4. Leave was granted to consider the submissions that the respondent Abdur Rouf earlier filed Settlement case No. 45 of 1990 before the First Court of Settlement, Dhaka for exclusion of the disputed property from 'Ka' list of the abandoned properties and the said settlement case was dismissed. Thereafter, suppressing the said facts he filed another case before the Court of Settlement which was allowed and, thereafter, he filed instant writ petition and managed to get the impugned order which was a fraud upon the Court.
5. Mr Murad Reza, learned Additional Attorney General, appearing for the appellants, submits that earlier the respondent Abdur Rouf, on behalf of the present respondent M/s Hanif instituted Settlement Case No, 45 of 1990 and the Court of Settlement dismissed the said case and by suppressing the said fact, he again filed Settlement Case No. 300 of 1995 and managed to get the order for exclusion of the suit property from 'Ka' list of abandoned properties which was a fraud so the subsequent order is a nullity.
6. Mr Mohd. Abdul Hai, learned Advocate-on-Record in his submission supported the judgment and order of the High Court Division.
7. It appears from the judgment and order passed in Settlement Case Nos. 564 and 565 of 1988 and 45 of 1990 that all the cases were filed in respect of property appertaining to House No. 49, CES (A), Gulshan, Road No. 96, Gulshan Avenue, and Dhaka for exclusion of the same from the 'Ka' list of the abandoned properties. The Court of Settlement dismissed those three cases by a common judgment and order dated 19-11-1995. Out of those three cases Abdur Rouf instituted Settlement Case No. 45 of 1990. Said Abdur Rauf as Managing Partner of M/s Hanif Brothers filed the aforesaid writ petition and Settlement Case No. 300 of 1995.
8. It further appears from the judgment of those three cases including Settlement Case No. 45 of 1990 filed by Abdur Rauf that the Court of  Settlement observed that the Government allotted the disputed plot for accommodation of Ambassador of Afghanistan after repairing the building thereon spending huge money. In the said judgment, it was further observed that the original non-Bengali owner Abdur Rouf was neither in occupation of the disputed house nor he was found available in the country. Though Abdur Rouf was the petitioner of the said Settlement Case No. 45 of 1990 but he did not to appear before the Court of Settlement personally and his whereabouts being not known, the property, in question, appeared to have been legally included in the list of the Abandoned Buildings. Considering all the aspects those three cases were dismissed. Thereafter, suppressing the said fact the respondent M/s Hanif Brothers represented by its managing partner Abdur Rouf instituted the second Settlement Case and managed to get the order from the Court of settlement and, thereafter, filing this instant writ petition obtained the impugned direction.
9. Every person is answerable for the truth of his statement. There is a legal maxim that tell the truth, the whole truth and nothing but the truth. Neither in the Court of Settlement nor in the High Court Division the writ petitioner respondent stated that earlier he filed settlement case which was dismissed on merit. He was totally silent about his earlier case and the observation made by the Court of Settlement inasmuch as it was his duty to bring it to the notice of the Court. Such silence is fraud upon the Court because it was his duty to brng the truth the notice of the Courts. He concealed the material facts that there was a decision of the Court of Settlement that the disputed property has been enlisted as abandoned property rightly and that the said case was brought by the respondent. His second case was barred by law since his claim was negative by the previous decision. A judgment obtained by playing fraud is a nullity and nonest in the eye of law. The writ petitioner, while obtaining the judgment of the High Court Division, suppressed the material document which amounted to fraud.
10. Since the judgment and order of the Court of Settlement has been obtained by practising fraud and pursuant to the said order, the writ petitioner-respondent managed to get the impugned judgment from the High Court Division, the same is a nullity.
11. Accordingly, we find substance in the appeal.
Thus, the appeal is allowed. The Judgment and order of the High Court Division  is hereby set aside.

Tariff
Add Rate

News Archive

Inside The New Nation

Football »

England, France win big, Portugal held as Euro defense opens


AP, London :Big and slick wins for France and England. Not even a goal for Portugal.Even with Cristiano Ronaldo returning to the Portugal side for the first time since last year's World Cup, the European champions could only begin their title defense with a 0-0 home draw against Ukraine.The goals ...

Sports »

Serena survives scare to advance in Miami


AFP, Miami :Serena Williams survived an "irresponsible" second set lapse on Friday to see off Sweden's Rebecca Peterson 6-3, 1-6, 6-1 in her second-round opener of the WTA and ATP Miami Open."I wasn't really happy with my performance," admitted the 23-time Grand Slam champion, who is playing in just her ...

Entertainment »

I was lucky that it wasn't a dance-off - Alia Bhatt


An Abhishek Varman directorial, Kalank starring Alia Bhatt, Madhuri Dixit, Varun Dhawan, Aditya Roy Kapur, Sonakshi Sinha, and Sanjay Dutt has been making headlines ever since its announcement. It was just yesterday when the makers of the film dropped in the first song, titled Gharore pardesiya, featuring Alia and Madhuri ...

International »

Pope replaces Santiago bishop after abuse cover-up claims


Reuters, Vatican City :Pope Francis has accepted the resignation of Cardinal Ricardo Ezzati, the archbishop of Santiago and the highest ranking member of the Catholic Church in Chile, who has been caught up in the country's sex abuse scandal.A Vatican statement on Saturday said the pope had named Bishop Celestino ...

International »

May makes final push for Brexit deal with new timetable


Prime Minister Theresa May returns to Britain on Friday vowing to make "every effort" to win over MPs opposed to her EU divorce deal, hours after securing a delay to Brexit from European leaders in Brussels.The embattled premier faces daunting odds to persuade recalcitrant British lawmakers to back a plan ...

City »

Gonoforum President Dr. Kamal Hossain speaking at a press conference organised by Gonoforum at the Jatiya Press Club on Saturday demanding safe road.


Editorial »

Modernise the railways and make it corruption-free


BANGLADESH Railway has been showing less importance and interest to recover its grabbed lands though thousands of acres of land are now illegally possessed by a section of influential people and some organisations. It has also no visible plan to use many unused lands across the country too. An initiative ...

Editorial »

Save Halda from dying


DEPARTMENT of Environment has revealed that waste from a housing estate and some factories are polluting the Halda river in Chattogram to the extent that it caused dying of fish. Currently, the pollution of the Halda is severely affecting the livelihood of adjacent people, in particular the fishermen. In June ...

International »

Prince Charles heads to Cuba amid US tensions


AFP, Havana :Britain's Prince Charles and his wife Camilla will make the first royal visit to communist-run Cuba on Sunday at a time when ally Washington is seeking to ramp up sanctions against the island.The 70-year-old prince was asked by the British government to add Cuba to a long-planned tour ...

Football »

US beat Ecuador 1-0 in int’l friendly soccer


AP, Orlando :Gregg Berhalter's vision for the U.S. national team started to unfold as the Americans passed the ball from side to side, played diagonal balls long and short. Possession is his key to success.The style was more pleasing. But the only goal of night was pretty weird.Gyasi Zardes's shot ...

Entertainment »

Homayra Himu wants to give direction


Sheikh Arif Bulbon :Five years ago, popular TV actress Homayra Himu produced a telefilm titled Bhalobashi Othoba Bashi Bhalo. But producing that telefilm she faced financial crisis during that time. She was sufferer for this and later decided not to produce any work. But she is interested to give direction ...

Sports »

Russia's Natalia Zabiiko and Alexander Enbert perform their pairs free skate during the ISU World Figure Skating Championships at Saitama Super Arena in Saitama, north of Tokyo on Thursday.


Football »

Trinidad and Tobago's Aubrey David (left) and Wales' Ryan Hedges battle for the ball during the International Friendly soccer match between Wales and Trinidad and Tobago, at the Racecourse Ground, in Wrexham, Wales on Wednesday.


Entertainment »

Deepika Padukone checks all ticks in list over a week


Bollywood’s leading lady Deepika Padukone has had an eventful last week as the actress unveiled her prestigious Statue of Purpose at Madame Tussauds and graced the Vogue International cover as the Global Talent. Both the events are key and one of the major highlights in the life of the actress. ...

City »

Holi festival celebrated with enthusiasm, fanfare


Thousands of devotees on Thursday celebrated the Holi, a Hindu religious festival of colours, across the country with due religious fervour and much enthusiasm."Marking the festival, a large number of devotees thronged the Dhakeswari National Temple in the morning to offer abir, a pink colored powder, at the foot of ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news